Department of Community Development
Reference: Disconnection Land Use & Development Code Amendment
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shannon McDowell, Senior Long Range Planner
Date Prepared: February 10, 2023
PURPOSE
To establish a procedure for disconnection (de-annexation) of property from the City by ordinance (the “Code Amendment”).
PROCESSES
The Land Use & Development Code (“LUDC”) outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, or Staff on behalf of these entities.
The City Council should use the review criteria outlined in LUDC Section 2.10 B in considering the Code Amendment. The following criteria are considered in reviewing an amendment to the LUDC: whether the amendment furthers the purposes of the LUDC; whether the amendment is in accordance with the Comprehensive Plan; whether the amendment promotes the public safety, health, and general welfare of the community; and whether the amendment improves the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
In attempting to process a disconnection (de-annexation) application, staff found that the disconnection process is not currently addressed in the Brighton Municipal Code or the LUDC. Without an enacted process for disconnection, applicants and the City are required to participate in a lengthy court process to consider a disconnection from the City. To exercise the City’s home rule authority, staff recommends approving the Code Amendment, which enacts a disconnection procedure that is in line with Colorado law and allows the City Council to approve a disconnection by ordinance.
The Code Amendment defines a process for disconnection and is modeled after the disconnection process found in Colo. Rev. Stat. § 31-12-501, et seq. Under this process, once an application is submitted, the property owner sends a notice to the Board of County Commissioners and the board of directors of all metropolitan districts that serve the property. Each of the noticed parties have thirty (30) days to request a meeting with the City Council to discuss the impacts of the proposed disconnection. If a meeting is requested, the property owner and the City meet with the requesting agency. Once any requested meetings have occurred, the application moves forward to a public hearing before the City Council. The Code Amendment defines review criteria for the disconnection and requires approval of an ordinance by City Council to approve a disconnection. If an ordinance is approved, the ordinance is then recorded with the applicable County Clerk and Recorder’s Office, at which time it becomes immediately effective.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
LAND USE & DEVELOPMENT CODE:
Modifications to the Land Use & Development Code must meet the following criteria when considered for adoption:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The amendment supports the Land Use & Development Code by creating a process for disconnection. A clearly defined process ensures that the process will be consistent from application to application. This is particularly important for disconnection applications as disconnection is an infrequently requested process. With staff turnover, such infrequent applications can be processed differently each time unless a clear process has been defined.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
The Be Brighton Comprehensive Plan has many recommendations about the growth of Brighton. The most relevant is “Policy 2.2 - Use Infrastructure Investments and the Urban Service Area Map to Focus Urban Development.”
● Policy 2.2 includes an action item that suggests Brighton should use annexation and disconnection of existing corporate areas to support efficient extension of utilities. The proposed amendment supports this policy by defining a process to use for disconnection. A process already exists for annexation.
3. The amendment promotes the public safety, health and general welfare of the community in the City of Brighton.
The proposed disconnection process includes review criteria that will cause evaluation of the impact to the public safety, health and general welfare of the community with each proposed disconnection.
4. The amendment improves the effectiveness and efficiency of administering the Land Use & Development Code.
The amendment provides a clear process for disconnection where one does not currently exist. When LUDC language is clear and easy to follow, it increases the efficiency of staff in processing the application. Further, by adopting the Code Amendment, the City and staff can avoid a protracted court process to consider a disconnection.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee (DRC) reviewed these amendments and recommended approval.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published on the City of Brighton website at least 15 days prior to the public hearing, as required by Section 2.01 F. of the Land Use & Development Code. City staff will be publishing notice on social media outlets in the days leading up to the meeting.
PLANNING COMMISSION RECOMMENDATION
While the Planning Commission does not take part in the review and approval of disconnection applications, the Planning Commission reviewed this Code Amendment because it makes recommendations to the City Council on amendments to the Land Use & Development Code.
The Planning Commission heard the Code Amendment on February 9, 2023. The Planning Commission recommended approval with a 5-0 vote. Please see the attached Resolution #23-2.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the Code Amendment generally meets the review criteria outlined in Section 2.10 B. Review Criteria, of the Land Use & Development Code and is, therefore, recommending approval of the Code Amendment. The proposed language for the Land Use & Development Code amendment is written in the draft ordinance for the City Council’s consideration.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment. The City Council may:
1. Approve the Code Amendment via ordinance as drafted;
2. Deny the Code Amendment;
3. Approve the Code Amendment with changes to the drafted ordinance, or;
4. Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
Note: A second reading of the ordinance, if approved at first reading, will be required at a future meeting.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution #23-2
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation